Mississippi legislation would nullify federal gun control

The Mississippi State House of Representatives is working on a bill that would virtually nullify any past, present or future federal gun control measures.

House Bill 467 reads in part, “No public servant or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Mississippi and that remains exclusively within the borders of Mississippi.” It also calls for criminal penalties up to five years in jail for members of government who violate the bill.

The bill’s principle author was Rep. Mark Formby (R-108) with seven additional co-authors. It has been referred to the Judiciary, Part B committee where it awaits further action.

HB467 goes on to state that “the Attorney General may defend a citizen of Mississippi who is prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition owned or manufactured and retained exclusively within the borders of Mississippi.” This gives further protection to MS citizens who may fall victim to unconstitutional federal gun control.

In what many legal experts consider a controversial move, the bill also includes felony charges for any federal agent who enforces a federal firearms law within the state.

While certainly constitutionally valid within the original understanding of the Constitution, “legal experts” and federal courts won’t likely support this provision.

But the main provision calling on the entire state to stop enforcing federal gun control measures is on strong legal ground with court precedent going from 1842 to 2012. States simply are not required to help the feds violate your rights. And the feds don’t have the manpower to do it themselves.”

States are not required to help the feds violate your rights. And the feds don’t have the manpower to do it themselves. The anti-commandeering doctrine holds that the feds do not have the authority to make the states act in any way, shape or form against their will. This has been upheld in four separate Supreme Court cases and is widely accepted as legally valid.

This bill, by ordering a complete stand-down on all federal gun control measures, makes enforcement fall back to the federal government. Mississippi would no longer help the federal government’s unconstitutional agenda, at least when it comes to gun regulations, were this bill passed. This is exactly what James Madison advised states to do in Federalist #46. He called it “a refusal to cooperate with officers of the Union.”

Earlier this year on the Fox Business Channel, Judge Napolitano, Fox News senior judicial analyst, suggested that taking actions such as HB467 would make federal gun laws “nearly impossible to enforce.”